Several other options exist even when ex-partners cannot agree on dividing assets. Find out how the court would split money and property and what happens with maintenance payments.
If you cannot reach an agreement yourselves you can ask a court to issue a 'financial order'. This process now replaces the outdated 'ancillary relief order'.
In most cases, you must first attend a meeting about mediation (MIAM). But, some exceptions apply (e.g. cases involving domestic abuse).
To meet the conditions for asking the court to make a financial order, both of these must apply:
You must use Form A which is a notice of [intention to proceed with] an application for a financial order. It is a process that allows you to find an agreement on most types of financial affairs, including:
There are court-handling fees to pay when you apply for a financial order. Send two (2) copies of Form A to the same court that is dealing with the paperwork to get divorced or end the civil partnership. Remember to keep a copy for your own records.
In some cases, you would need to attend a court appointment and several court hearings. It is not a quick process and you should allow between 6 and 12 months to get a final outcome.
A court judge will use several factors to decide on the division of assets. Besides how long you have been married or living in a civil partnership, the judge will also consider:
The judge's decision aims to find the fairest way to split up the assets. It would usually depend on whether there are enough assets to meet the needs of everyone involved.
Even so, the financial arrangements for any children would always come first. The primary concern would be their housing arrangements and child support payments.
Note: The judge will try to arrange a 'clean break' when ex-partners cannot agree on splitting up assets. Sharing out everything in a 'clean' arrangement removes financial ties to each another.
Paying Tax on Assets | Check out how transferring assets to an ex-partner may be liable to taxation.
Using Mediation | How a mediator can help ex-partners agree on splitting up their money and property.
Often, a court will instruct the ex-partner with the highest income to make a 'maintenance order'. This would be regular maintenance payments made to help towards the living costs of the other person.
If the court sets up a maintenance payment it can either be for:
The court can change the maintenance payment if one person loses their job or gets higher paid work. The court can also decide on child maintenance. But, this is most often arranged by the Child Maintenance Service.
Asking a Court to Split Up Assets When Ex-partners Cannot Agree